JAMES KOFI ANSAH & ORS VS JANET ANSAH

[1] Introduction The Plaintiffs issued a Writ of Summons with an accompanying Statement of Claim on 21st November 2022 for the following reliefs: a) “Declaration that the Defendant cannot apply for the letters of administration without the knowledge of the customary successor and the head of the deceased family.

b) An order directed at the Defendant to return the said letters of administration and deposit same at the Court.

c) Plaintiffs pray that the next of kin should be joined to take the letters of administration. ”The Defendant entered conditional appearance to the Writ of Summons and accompanying Statement of Claim on 8th March 2023. The Defendant filed her Statement of Defence and Counterclaim on 31st May 2023. The Defendant counterclaimed as follows: a. “Perpetual injunction restraining the Plaintiffs, their agents, servants, privies and whomsoever from entering upon or in any interfering with the Defendant’s quiet enjoyment of the property described as “Land with building thereon located at Sakumono, Accra and known as No. 2 Garnett Street.

b. Costs”[2] The issues for determination At the close of pleadings, the Plaintiffs’ Counsel formulated two issues for determination by the Court.

The Defendant’s Counsel formulated two additional issues.

All the issues were set down and they are as follows: a) “Whether or not the deceased’s surviving mother is entitled to at least a portion of the son’s Estate even if that portion is of no value.

b) Any other issues arising out of the pleadings.

Additional Issues c) Whether or not the Defendant required the consent of the customary successor and the family head of her late husband’s family before applying for Letters of Administration? d) Whether or not the next of kin can be joined as an Administrator of the Estate of the late Francis Kwame Ansah? ”[3] The Plaintiffs’ case It is the case of the Plaintiffs’ that they are the brother, mother and family head of the late Francis Kwame Ansah who died on 8th November 2021. The Defendant is the surviving spouse of the late Francis Kwame Ansah and there were no children to their marriage.

It is the further case of the Plaintiffs that after the death of the husband of the Defendant, she applied to the High Court, Accra for the grant of Letters of Administration without the knowledge of the surviving mother, siblings and the family head of the deceased.

The Plaintiffs instructed their lawyer to write to the Defendant to have the Letters of Administration